The declaration of constitutionality of the new basic sanitation statute: the “rascal consequentialism” in the application of the sub-principles of cooperative federalism by the Supreme Federal Court

Resumen

The work analyzes the federal clashes that took place within the ADI 6492, which dealt with the constitutional analysis of the new Basic Sanitation Statute. Thus, through Critical Discourse Analysis, the decisions of the ministers were examined, observing the existence of a relaxation of the constitutional sub-principles of federalism. The main objective was, therefore, to understand the changes promoted in the federative balance through the redistribution of competencies among the federated entities, based on the discussions held in the ADI, which focused on the process of sharing competencies. The results indicate that the Supreme Federal Court (Supremo Tribunal Federal - STF), regarding public sanitation policy, prioritized a pragmatic and consequentialist model, justifying the centralization of competencies in the Union as a strategy to universalize public policy and ensure fundamental rights, influenced by the urgency of the Covid-19 pandemic. Nevertheless, the decision generated federal tensions, compromising the principle of subsidiarity and the autonomy of subnational entities. It is concluded that in this ADI, federalism was used to realize public policies, altering the originally intended balance of power established by the Brazilian 1988 Constitution. This approach, while aimed at efficiency and speed, raises questions about the long-term impacts on the federative structure and intergovernmental cooperation.